Alabama Personal Injury Laws: Deadlines to Sue, Fault Rules and Damage Caps

Most lawsuits for injury to a person that do not arise from a contract must be filed within two years. Claims for trespass to the person, such as assault and battery or false imprisonment, have six years.

Actions for trespass to real or personal property and for detention or conversion of personal property must be filed within six years. Other claims for injury to the "rights of another" not arising from contract, and claims holding an employer liable for an employee's conduct that damaged property, have two years.

Claims against doctors, dentists, hospitals and other health care providers must be filed within two years after the act or omission. If the injury was not and could not reasonably have been discovered within that time, the claim may be filed within six months after discovery, but never more than four years after the act. A child injured before age four has until his or her eighth birthday.

A wrongful death lawsuit must be filed within two years after the death.

The personal representative of the person who died brings the wrongful death action. Damages are not used to pay the deceased person's debts and are distributed under the state's laws of distribution. For the death of a minor child, the father or mother may sue; if both parents are dead or they do not file within six months after the death, the child's personal representative may sue.

Punitive damages are allowed only in tort cases where the plaintiff proves by clear and convincing evidence that the defendant consciously or deliberately engaged in oppression, fraud, wantonness or malice, and in wrongful death cases. Awards generally may not exceed the greater of three times compensatory damages or $500,000; in physical-injury cases, the greater of three times compensatory damages or $1,500,000; and against a small business (net worth of $2 million or less), the greater of $50,000 or 10% of the business's net worth. The dollar figures are adjusted for inflation every three years. These limits do not apply to wrongful death cases, cases of intentional physical injury, or class actions.

Tort claims against a city or town must be presented to the municipal clerk within six months after they arise, and a personal injury claim requires a sworn statement describing how, when and where the injury happened and the damages claimed. Judgments against cities, counties and their agencies (including many local school and hospital boards) are capped at $100,000 for bodily injury or death to one person, $300,000 total when more than two people are hurt in one occurrence, and $100,000 for property damage. Claims against the State itself go to the State Board of Adjustment, generally within one year (two years for injury resulting in death).

A dog owner is liable if the dog, without provocation, bites or injures a person who is lawfully where the person has a right to be, but this statute applies only when the injury happens on property owned or controlled by the dog's owner, or when the person was chased off that property by the dog.

Every registered vehicle must carry liability insurance (or an approved bond or cash deposit) of at least $25,000 for injury or death of one person, $50,000 for injury or death of two or more people in one accident, and $25,000 for property damage (25/50/25).

A driver in a crash that injures or kills anyone must immediately notify police by the quickest means available: the local police department if inside a city or town, otherwise the county sheriff's office or the state highway patrol.

Under Alabama's Motor Vehicle Safety-Responsibility Act, the operator of a vehicle in a crash where anyone is killed or injured, or any one person's property damage (including the operator's own) is more than $250, must report it in writing to the director within 30 days, on the director's form. The report is used to decide whether the operator must post security, so it asks mainly about insurance. If the operator is physically unable, the owner must report within 10 days after learning of the crash.

A driver in a crash causing injury, death, or damage to an attended vehicle must stop at or near the scene and stay until giving name, address and vehicle registration number, showing a driver license on request, and giving reasonable help to anyone injured, including arranging transport for medical care. If no one appears hurt and the driver is not impaired, a drivable vehicle may be moved to the shoulder or a nearby safe spot. For an unattended vehicle, the driver must find the owner or leave a written note with names, addresses and what happened. Violations are a Class A misdemeanor when only property is damaged, a Class C felony when someone is physically injured, and a Class B felony when there is serious physical injury or death. The license is revoked for a conviction under § 32-10-1.

Falls caused by a defect in a city street, alley or public way: an Alabama city or town can be liable only if the defect was called to the attention of the council or governing body, or had existed so long that the council is presumed to have known of it, and it was not fixed. If another person or company is also responsible for the injury, that person is liable to the injured party on the same claim; the injured person generally must join that party as a defendant when suing the city, and the city pays only what cannot be collected from the other defendants. Recovery against a city is capped at $100,000 per injured person and $300,000 per occurrence.

Claims against a city or county (a fall on public property, for example): a tort claim against an Alabama city or town must be presented to the city clerk within six months after it arises or it is barred, and no recovery is allowed on a personal-injury claim unless a sworn statement is filed with the clerk describing how, when and where the injury happened and the damages claimed. Claims against a county must be presented to the county commission within 12 months; a suit cannot start until the commission disallows or reduces the claim, and inaction for 90 days counts as a disallowance. Damages against a local governmental entity are capped at $100,000 for bodily injury or death of one person and $300,000 in the aggregate per occurrence.

Landowners who open land for free recreation: Alabama has two recreational-use laws. Under the first, an owner, lessee or occupant owes no duty to keep premises safe or give warnings to people entering for hunting, fishing, camping, hiking, sightseeing and similar activities, except for willful or malicious failure to guard or warn, or where permission was granted for a commercial enterprise for profit. Under the second, an owner who opens outdoor recreational land to non-commercial public use owes no duty to inspect or warn, unless the owner actually knew of a non-apparent condition involving an unreasonable risk of death or serious bodily harm and chose not to guard or warn; this protection does not apply to land where a commercial recreational enterprise is conducted, and the owner must show the land was open to the public for non-commercial use.

Motorcycle helmets: every person who operates or rides on a motorcycle or motor-driven cycle in Alabama must wear protective headgear that meets state standards (and shoes). The rule does not apply to riders inside an enclosed cab or to autocycle operators. The helmet statute does not address reducing damages for not wearing a helmet.

Lane splitting is illegal in Alabama: no person may operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles, and a motorcyclist may not pass in the same lane occupied by the vehicle being passed. Motorcycles may ride no more than two abreast in one lane, and other drivers may not deprive a motorcycle of full use of a lane. On-duty police officers are exempt.

Pedestrian right of way: where traffic signals are not in place or not working, drivers must yield (slowing or stopping) to a pedestrian in a crosswalk who is on the driver's half of the road or approaching closely from the other half, and may not pass a vehicle stopped for a pedestrian at a crosswalk. Pedestrians may not suddenly step into the path of a vehicle too close to stop. A pedestrian crossing anywhere other than a marked or unmarked crosswalk must yield to vehicles, may not cross between adjacent signal-controlled intersections except in a marked crosswalk, and may not cross an intersection diagonally unless signs allow it. Every driver must still use due care to avoid hitting a pedestrian.

Bicycle riders on a roadway have the rights and duties of drivers of vehicles, must ride as near the right side as practicable, may not ride more than two abreast, and must use an adjacent usable bike path where one is provided. A driver passing a bicycle must leave at least three feet on a road with a marked bike lane, or on a road without one if the speed limit is 45 mph or less and there is no double yellow no-passing line, when the cyclist is riding within two feet of the right shoulder. Riders and passengers under 16 must wear a fastened bicycle helmet on public roads, paths, rights-of-way and public parks.

Uber/Lyft insurance: while a transportation network company (TNC) driver is logged on and available but has not accepted a ride, primary liability coverage of at least $50,000 per person and $100,000 per incident for death and bodily injury and $25,000 for property damage is required, plus all other state-mandated motor vehicle coverage. From accepting a ride until the last rider leaves the car, primary liability coverage of at least $1,000,000 for death, bodily injury and property damage is required, plus all other state-mandated coverage. The coverage may come from the driver, the TNC or both; if the driver's insurance lapses or does not cover the claim, the TNC's insurance must pay from the first dollar.

Commercial trucks: Alabama makes it illegal to operate a commercial motor vehicle in the state, or fail to keep required records, in violation of the federal motor carrier safety regulations (including 49 C.F.R. Parts 382-387 and 390-399), and the state definition of commerce includes trips that begin and end inside Alabama. A commercial motor vehicle includes one with a gross weight rating over 10,000 pounds, whether operated interstate or intrastate. Federal minimum insurance for interstate carriers is set in 49 C.F.R. 387.9.

Construction injuries: under Alabama's workers' comp law, an injured worker's rights against the employer are limited to workers' compensation, but the worker may also sue another party (such as a negligent contractor or equipment maker) whose conduct created legal liability for the injury. Co-employees, the comp insurer and certain others can be sued only for willful conduct as the statute defines it.